My ex-husband has changed jobs with a lower income by choice. How does this effect the child support payments?

Indeed, it is not fair, and it also doesnít get your ex-husband off the hook. While it may be true that his earnings have diminished substantially, his "earning capacity" in the eyes of the court is unchanged. A judge can use your ex-husbandís earning capacity to determine the child support award appropriate for your case, if it appears that your ex-husband deliberately quit his job and lowered his income. (This lowering of income doesnít have to be for the specific purpose of avoiding child support.) Even if your ex-husbandís total income is less than the child support award, he would be obligated to pay the award, since he could easily raise his income by returning to his old job or career.